Rubber Replanting Subsidy (Amendment)

Link to law: http://www.lawnet.lk/process.php?st=1998Y0V0C9A&hword=%27%27&path=2
Published: 1998

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Rubber Replanting Subsidy (Amendment)
Rubber Replanting Subsidy (Amendment)




AN ACT TO AMEND THE RUBBER REPLANTING SUBSIDY ACT








BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-



[30th March

, 1998 ]













Short title.



1. This Act may be cited as the Rubber Replanting (Amendment ) Subsidy Act, No. 9 of 1998.



Replacement of long title to Chapter 437.



2. The long tide to the Rubber Replanting Subsidy Act (Chapter 437) (hereinafter referred to as the "principal enactment") is hereby repealed and the following long title substituted therefor:



" An Act to provide for the establishment of a Fund for the purpose of subsidising the replanting of rubber estates and rubber smallholdings; the rehabilitation of rubber estates and rubber smallholdings; the processing of raw natural rubber including the purchase of machinery and equipment used in the processing of raw natural rubber; the provision of welfare facilities to rubber smallholders and for matters connected therewith or incidental thereto ".



Amendment of section 2 of the principal enactment.



3. Section 2 of the principal enactment is hereby amended by the substitution for all the words from the " processing " to the end of that section, of the words "the processing of raw natural rubber, including the purchase of machinery and equipment used in the processing of raw natural rubber and she provision of welfare facilities to rubber smallholders ".



Repeal of sections 2A and 2B of the principal enactment.



4. Sections 2A and 2B of the principal enactment are hereby repealed.



Amendment of section 3 of the principal enact meat.



5. Section 3 of the principal enactment is hereby amended as follows :"





(1) in subsection (1) of that section-





(a) by the repeal of paragraphs (a) and (b) of that subsection ;



(b) by the relettering of paragraphs (c), (d) and (e) of that subsection as paragraphs (a), (b) and (c) of that subsection, respectively ; and



(c) in the relettered paragraph (b) of 'that subsection by the substitution for the word;, " ail export duties ", of the word "cess '' ;



(d) by the subsection in the relettered paragraph (c) of that subsection for all the words from" advanced "to the end of that paragraph, of the words "voted to the fund by Parliament; " ; and



(2) in subsection (2) of that section "-





(a) by the substitution, in paragraph (a) of that subsection for all the words from " and the processing " to the and of that paragraph of the words, "the processing of raw natural rubber, including the purchase of machinery and equipment used in the processing of raw natural rubber and the provision of welfare facilities to rubber smallholders ;" ;



(b) by the substitution, in paragraph (c) of that subsection for the words " dependants ; and " of the words, "dependants ;" ;



(c) by the substitution in paragraph (d) of that subsection for the words " this Act"', of the words " this Act; and ";



(d) by the addition immediately after paragraph (d) of that subsection, of the following new paragraph"-



(e) such amounts as are authorized by regulations to be paid as rebate to persons who are not entitled to receive any subsidy payments under this Act for replanting of rubber estates".



Amendment of section 7 of the principal enactment.



6. Section 7 of the principal enactment is hereby amended as follows :" -





(1) by the repeal of subsection (1) of that section and the substitution therefor, of the following subsection :-





"(1) (here shall be charged, levied and paid a cess, at such rate as may be determined by a resolution of Parliament, for every kilogramme of raw natural member exported from Sri Lanka." ;



(2) by the repeal of subsections (2), (3) and (4) of that section ;



(3) by the renumbering of subsections (6) and (7) of that section as subsections (2) and (3) respectively of that section ;



(4) in the renumbered subsection (2) of that section by the substitution for the words " export duties " of the word "cesses".



(5) in the renumbered subsection (3) of that section, by the substitution for the words " export duties " and " Principal Collector of Customs ", of the words " cesses " and " Director-General of Customs " respectively,



(6) by the substitution for the marginal note to that section of the following marginal note :"



" Levy of cess for providing the fund with income." .



Amendment of section 8 of the principal enactment.



7. Section 8 of the principal enactment is hereby amended as follows:"





(1) in subsection (2) of that section-





(a) in paragraph (a) of that subsection by the substitution for all the words from the words "and the processing" to the end of that paragraph, of the words "the processing of raw natural rubber, including the purchase of machinery and equipment used in the processing of raw natural rubber and the provision of welfare facilities to rubber smallholders " ;



(b) in paragraph (c) of that subsection by the substitution for the words " from the fund " of the words " from the fund ; and " ;



(c) by the addition immediately after paragraph (c) of that subsection of the following new paragraph:





"(d) specify the amounts to be paid by way of rebate to persons who are not entitled to receive subsidy payment;" ;



(2) in subsection (3) of that section-





(a) in paragraph (b) of that subsection, by the substitution, for all the words from the words "one thousand" to the end of that paragraph, of the words "five thousand rupees or a term of imprisonment of either description not exceeding six months or to both such fine and imprisonment;" and



(b) by the addition immediately after paragraph (b) of that subsection of the following new paragraph:"





"(c) provided that the amount paid by the Rubber Controller, to any person under any such scheme by way of subsidy, cost of planting material, fertilizer or other inputs not repaid, may be recovered in the same manner as a fine imposed by the Court and a certificate issued by the Rubber Controller to the effect that any person has abandoned a smallholding after obtaining one or more subsidy instalments and has not repaid such instalments shall be admissible as proof of such fact.".



Amendment of section 13 of the principal enactment.



8. Section 13 of the principal enactment is hereby amended as follows :"





(1) by the insertion immediately after the definition of the expression "Fund", of the following new definitions:-



' " person " includes a body of persons ;



" raw natural rubber" means all natural rubber classified under the H. S. Heading 40.01 of Customs Notification (RPO) No. 91/11 and published in Gazette Extraordinary No. 682/16 of October 1, 1991 : and



(2) by the repeal of the definition of the expression "Rubber Controller" and the substitution therefore of the following definition:-



"Rubber Controller" means the Rubber Controller appointed or deemed to have been appointed under the Rubber Controller Act and include the Director-General of the Rubber Development Department"



Sinhala text to Prevail in case of inconsistency.



9. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text Prevail.